Kenneth Garner v. State of Texas--Appeal from 379th Judicial District Court of Bexar County

No. 04-00-00371-CR
Kenneth GARNER,
Appellant
v.
The STATE of Texas,
Appellee
From the 379th Judicial District Court, Bexar County, Texas
Trial Court No. 1999-CR-3236
Honorable Bert Richardson, Judge Presiding

Opinion by: Alma L. L pez, Justice

Sitting: Tom Rickhoff, Justice

Alma L. L pez, Justice

Sarah B. Duncan, Justice (dissent without opinion)

Delivered and Filed: December 19, 2001

DISMISSED FOR LACK OF JURISDICTION

Kenneth Garner pled no contest to the offense of deadly conduct with a firearm and was sentenced to four years imprisonment in accordance with the terms of his plea-bargain agreement. Garner filed a general notice of appeal.

Garner's court-appointed appellate counsel filed a brief which concludes that the appeal is frivolous and without merit. See Anders v. California, 386 U.S. 738 (1967). Counsel states that Garner was provided with a copy of the brief and informed of his right to review the record and file his own brief. See Bruns v. State, 924 S.W.2d 176, 177 n.1 (Tex. App.--San Antonio 1996, no pet.). Garner's pro se brief was due November 2, 2001, but none was filed.

A general notice of appeal is insufficient to invoke the jurisdiction of this court. See White v. State, No. 123-01, 2001 WL 1539153, at *3 (Tex. Crim. App. Dec. 5, 2001). We, therefore, dismiss this appeal for lack of jurisdiction. Furthermore, we grant the motion to withdraw filed by attorney Vincent D. Callahan. See Bruns, 924 S.W.2d at 177 n.1.

Alma L. L pez, Justice

Do Not Publish